Legal Opinion

Alexander v. Westcott

Supreme Court of Missouri

Decided October 15, 1865PublishedCited by 6 opinions

Appeal from St. Louis Lmd Court. Defendant and one Hutton, on July 21, 1851, received a lease for ten years of a lot in the city of St. Louis, from the-trustees of Sarah Orme. Subsequently plaintiffs became the owners of the premises, and at the expiration of the lease re-let the premises, by parol, to defendant for one year, upon the same terms with the written lease.

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Appeal from St. Louis Lmd Court. Defendant and one Hutton, on July 21, 1851, received a lease for ten years of a lot in the city of St. Louis, from the-trustees of Sarah Orme. Subsequently plaintiffs became the owners of the premises, and at the expiration of the lease re-let the premises, by parol, to defendant for one year, upon the same terms with the written lease. At the end of the year, plaintiffs, in writing, demanded possession, and defendant refusing to quit, they sued in unlawful detainer. The complaint alleged that they were owners and entitled to the possession of the premises,…

1Opinion of the CourtHolmes, Judge

This was a complaint before a justice of the peace by the landlords against their tenant for an unlawful detainer in holding over the leased premises after the expiration of the' tenancy, under the third section of Art. I. of the “ Act concerning forcible entries and detainers” (R. C. 1855, p. 787). The case was removed by certiorari to the St. Louis Land Court, and upon a trial had there judgment was rendered for the plaintiffs for a restitution of the premises and double damages, and double monthly value from date until restitution made.

The defendant made a motion to dismiss the complaint…

2Cases cited5 opinions

  1. Young v. SmithSupreme Court of Missouri · 1859
  2. Warren v. Ritter & RitterSupreme Court of Missouri · 1848
  3. Ish v. ChiltonSupreme Court of Missouri · 1858
  4. Stone v. MalotSupreme Court of Missouri · 1841
  5. Andrae v. HeinritzSupreme Court of Missouri · 1854

3Cited by6 opinions

  1. Pentz v. KuesterSupreme Court of Missouri · 1867
  2. Silvey v. SummerSupreme Court of Missouri · 1875
  3. Ray v. BlackmanMissouri Court of Appeals · 1906
  4. Hyde v. GoldsbyMissouri Court of Appeals · 1887
  5. Bradford v. TillyMissouri Court of Appeals · 1896

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